RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03198
INDEX NUMBER: 110.00
XXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He got into trouble in the Air Force for using drugs and alcohol. He
now has 5 years of sobriety and attends Alcoholic Anonymous meetings
and church. He volunteers 10 hours per week at a local charity.
The applicant’s complete submission, with attachments, is at Exhibit A
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 13 Nov 78. On 4
Jun 81, his commander notified him that he was recommending his
discharge from the Air Force for his failure to complete the unit
rehabilitation program and evidence of misconduct in his military
record consisting of his conviction by special court-martial on 17 Mar
81 for wrongfully transferring 21.3 grams of marijuana and for
transferring 5.8 grams of hashish on 20 Oct 80. The applicant
acknowledged receipt on 5 Jun 81 and did not request retention or
submit statements in his behalf. The recommendation for discharge was
found legally sufficient and the applicant was discharged with a
General (Under Honorable Conditions) discharge on 15 Jul 81.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRSP recommends denial of the applicant’s request. Even though
the applicant has made personal improvements during the last 5 years,
he did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
31 Oct 03 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
FBI REPORT:
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Clarksburg, WV, provided a Report of Investigation pertaining
to applicant.
The complete report is at Exhibit E.
_________________________________________________________________
APPLICANT’S RESPONSE TO THE FBI REPORT:
A copy of the FBI report was forwarded to the applicant on 18 Dec 03
for review and comment within 30 days. To date, a response has not
been received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We find no impropriety in the
characterization of applicant’s discharge. It appears that the
applicant’s discharge was consistent with the procedural and
substantive requirements of the discharge regulation and that he was
afforded all rights to which he was entitled at the time of discharge.
In considering applicant’s request based on clemency, it appears that
he has made a successful post-service adjustment and is obtaining help
for his problems with drugs and alcohol. However, in view of the
extreme seriousness of the misconduct for which he was discharged, we
do not believe that an upgrade of his discharge to honorable on the
basis of clemency is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
03198 in Executive Session on 19 February 2004, under the provisions
of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Ms. Jean A. Reynolds, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPRSP, dated 20 Oct 03.
Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.
Exhibit E. FBI Report
Exhibit F. Letter, AFBCMR, dated 18 Dec 03.
VAUGHN E. SCHLUNZ
Panel Chair
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